San Francisco Probate Services

Probate is a legal process that takes place after someone passes away. It involves proving the validity of their will (if they had one), identifying and valuing their assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries.

Probate is required in San Francisco if the deceased owned assets solely in their name without designated beneficiaries and if the estate is valued over $184,500 (as of April 1, 2022). If the estate falls below this threshold, a simplified probate process may be available.

The duration of probate varies based on estate complexity and court schedules. In San Francisco, probate typically takes 6 to 12 months, but contested cases or complications (such as creditor claims or disputes among heirs) can extend the process to 1-2 years or longer.

Assets that generally go through probate include:

• Real estate solely in the deceased’s name
• Bank accounts without a payable-on-death (POD) beneficiary
• Stocks, bonds, and investments without a named beneficiary
• Personal property (e.g., cars, jewelry, art collections)
• Business interests or partnerships held solely by the deceased

Non-probate assets include those held in a living trust, jointly owned property, life insurance policies, and retirement accounts with designated beneficiaries.

Probate costs in San Francisco typically include:

• Court filing fees: $435+
• Executor fees: Based on estate value (e.g., 4% of the first $100,000, 3% of the next $100,000, etc.)
• Attorney fees: Set by California law, matching executor fees
• Publication fees: $200–$500 for mandatory newspaper notices
• Other costs: Appraisal fees, bond fees, and creditor settlements

For large estates, probate costs can range from $10,000 to $50,000 or more.

Yes, probate can be avoided by:

• Creating a living trust (assets in the trust avoid probate)
• Adding beneficiaries to financial accounts (e.g., retirement accounts, life insurance)
• Holding assets in joint tenancy or community property with right of survivorship
• Using transfer-on-death (TOD) deeds for real estate

Proper estate planning is the best way to bypass probate and ensure assets transfer directly to heirs.

No, not every estate requires probate.

• Estates valued under $184,500 may qualify for a simplified probate process.
• Assets held in a trust or with named beneficiaries bypass probate.
• Surviving spouses can use a spousal property petition for a faster process.

An executor (or personal representative) is responsible for:

• Filing the petition for probate with the court
• Collecting and managing the deceased’s assets
• Paying debts, taxes, and expenses
• Distributing assets according to the will (or California intestacy laws if no will exists)
• Filing necessary probate documents and tax returns

The executor must act in the best interests of the estate and beneficiaries.

• If a valid will exists, the executor is named in the will.
• If no will exists, the court appoints an administrator (usually the closest family member).
• The appointed person must file a petition in the San Francisco Superior Court to begin the probate process.

Yes, an executor can be removed if they:

• Mismanage the estate or commit fraud
• Fail to act in the best interests of beneficiaries
• Are unable or unwilling to perform their duties

Beneficiaries or interested parties can file a petition to remove the executor in probate court.

If there is no will, the estate goes through intestate succession, meaning assets are distributed based on California laws:

• Surviving spouse gets all or most of the estate
• Children inherit next (if no spouse, they inherit everything)
• If no spouse or children, assets go to parents, siblings, or extended family

The probate court appoints an administrator to handle the estate.

• A will is a legal document stating how assets should be distributed.
• Probate is the court-supervised process of executing the will (or distributing assets if no will exists).
• Having a will does NOT avoid probate—only a trust or beneficiary designations can bypass probate.

To start probate, you typically need:

• Petition for Probate (Form DE-111)
• Original will (if available)
• Death certificate
• List of heirs and beneficiaries
• Asset inventory

The probate petition must be filed with the San Francisco Superior Court, Probate Division.

Yes, taxes may apply, including:

• Federal estate tax (if estate value exceeds $13.61 million in 2024)
• California inheritance tax (California does not have one, but beneficiaries may owe federal taxes)
• Capital gains tax on inherited property sales

An accountant or probate attorney can help navigate tax liabilities.

Yes, probate can be contested if:

• A will is suspected to be forged or invalid
• There is undue influence or fraud
• Beneficiaries dispute the executor’s actions

Contesting probate requires court hearings and legal proceedings.

Disputes may be settled through:

• Mediation (a neutral party helps resolve conflicts)
• Court intervention (a judge makes a ruling)
• Family agreements (informal settlements among heirs)

• The executor must notify creditors of the probate process.
• Valid debts are paid from the estate before beneficiaries receive assets.
• Disputed debts can be challenged in court.

If debts exceed assets, the estate is declared insolvent, and debts are paid in priority order.

Yes, but probate is complex. If the estate is large or involves disputes, hiring an attorney is recommended. Small estates may qualify for simplified procedures that can be handled without an attorney.

To avoid probate, consider:

• Creating a living trust (best way to transfer assets without probate)
• Joint ownership with survivorship rights
• Naming beneficiaries on accounts (e.g., retirement, life insurance)
• Using transfer-on-death (TOD) deeds for real estate

Planning ahead ensures a smooth transfer of assets without costly probate delays.